PANDURANG NARAYAN DHANGAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Appellants are convicted and sentenced by learned Additional Sessions Judge, Hingoli, in Sessions Trial No. 54/2010, for offenses punishable under Sections 302, 364, 201 read with Section 34 of IPC and by order dated 7.12.2011, were directed to undergo rigorous imprisonment for life, for offense under Section 302 read with Section 34 of IPC, to pay fine of Rs. 500/-, each, with default stipulation; for offense under Section 364 read with Section 34 of IPC, sentenced to suffer rigorous imprisonment for three years and to pay fine of Rs. 500/- each with default stipulation; for offense under Section 201 read with Section 34 of IPC, sentenced to suffer rigorous imprisonment for one year and to pay fine of Rs. 500/- each with default stipulation. All sentences were directed to run concurrently. The appeal is admitted on 21st Feb., 2012. Mr. Satyajit Bora, learned Counsel, was appointed to represent the appellant by order dated 10th Feb., 2012.

(2.) On 6th Feb., 2010, deceased Abhiman was working in his agricultural field, he remained in agricultural field even after agricultural operations. Since next day, deceased did not return home, his wife, P.W. No. 2 Sushila, went to see him in the field but, she could not locate. She saw shirt of the husband, beads of broken rosary (TULASHI MAL), shoes of the deceased lying near cot. Her search did not yield any positive result. She made enquiry with P.W. No. 21 Shankar about whereabouts of her husband who conveyed having heard Abhiman singing in the night. P.W. No. 2 informed her in laws and, consequently, relentless search was made for Abhiman but he could not be located. Hence, P.W. No. 6 Arjun, father of the deceased, lodged missing report (Exh. 32) with Sengaon Police Station on 7th Feb., 2010, recorded by P.W. No. 17 ASI Bhagwan Thoke. Abhiman could not be located for long duration. Hence, on 12.2.2010, P.W. No. 2 Sushila lodged report with Police about murder of her husband and suspected the appellants, having kidnapped her husband somewhere and she expected the Police to investigate. On 20th Feb., 2010, a human dead body was found in Yeldari Dam, tied with a stone, weighing around 60 to 70 kgs. It was identified to be of Abhiman. After the F.I.R., statements of few witnesses were recorded. One of the witness, P.W. No. 15 Gajanan Kundlik Dhangar stated that he was in the field in the night, saw the appellant Balu and Digambar at about 7 p.m. Accused Balu asked him as to whether he is going to village to which P.W. No. 15 answered in the affirmative. However, he waited in the field. At 11 p.m., he heard barking and saw five persons were moving towards the field of deceased Abhiman. He heard yelling of Abhiman. He then noticed five persons lifting one man (human dead body), returned to their field and the dead body was put on a he-buffalo but he-buffalo jumped; dead body fell down. Thereafter, the dead body was taken towards Yeldari dam. P.W. No. 15 felt threatening owing to the appellants cautioning on their way that nobody should come forward and hence, he asserts, he did not inform the events to anybody.

(3.) The appellants were arrested. Investigation was carried, including spot panchnama, inquest and post mortem. Apparels of the appellants were also taken charge.